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INTERNAL RULES OF ORDER,

HYGIENE AND SAFETY

INTERNAL RULES OF ORDER,


HYGIENE AND SAFETY
INDICE

PREAMBLE......................................................................................................................................................4
TITLE I..............................................................................................................................................................4
OF INCOME.......................................................................................................................4
TITLE II...........................................................................................................................................................5
OF THE EMPLOYMENT CONTRACT...........................................................................5
TITLE III.........................................................................................................................................................5
OF WORKING HOURS.....................................................................................................5
TITLE IV...........................................................................................................................................................6
OF THE OVERTIME CONTRACT...................................................................................6
TITLE V.............................................................................................................................................................6
OF SUNDAY AND HOLIDAY REST..............................................................................6
TITLE VI...........................................................................................................................................................7
OF THE ANNUAL HOLIDAY..........................................................................................7
TITLE VII........................................................................................................................................................7
OF MEDICAL LICENSES.................................................................................................7
TITLE VIII......................................................................................................................................................9
INFORMATION, REQUESTS AND COMPLAINTS......................................................9
TITLE IX...........................................................................................................................................................9
PENALTIES AND FINES..................................................................................................9
TITLE X.............................................................................................................................................................9
OF REMUNERATION.......................................................................................................9
TITLE XI.........................................................................................................................................................10
RIGHT TO EQUAL PAY.................................................................................................10
TITLE XII......................................................................................................................................................11
RIGHT TO EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.........11
TITLE XIII....................................................................................................................................................11
OF THE OBLIGATIONS.................................................................................................11
TITLE XIV.....................................................................................................................................................12
OF THE PROHIBITIONS................................................................................................12
TITLE XV........................................................................................................................................................13
TERMINATION OF THE EMPLOYMENT CONTRACT.............................................13
TITLE XVI.....................................................................................................................................................15
INVESTIGATION, SAFEGUARDS AND SANCTIONS..............................................15
OF SEXUAL HARASSMENT.........................................................................................15
TITLE XVII...................................................................................................................................................16
LAW OF THE CHAIR.....................................................................................................16
TITLE XVIII.................................................................................................................................................16
OF SUBCONTRACTED LABOR...................................................................................16
TITLE XIX.....................................................................................................................................................17
PREVENTION, HYGIENE AND SAFETY RULES......................................................17
A. PREAMBLE................................................................................................................17
CALL FOR COLLABORATION..............................................................................................................17
B. GENERAL PROVISIONS...................................................................................................................17
C. OBLIGATIONS......................................................................................................................................21
D. PROHIBITIONS...................................................................................................................................22
E. CLAIMS PROCEDURES ESTABLISHED IN LAW 16.744.................................................23
F.- D.S. NO. 101 OF THE MINISTRY OF LABOR AND SOCIAL WELFARE, D.S.73,
OF THE SAME MINISTRY.....................................................................................................................26
G. OF THE OBLIGATION TO INFORM (DS. 40, TITLE VI).................................................33
TITLE XX........................................................................................................................................................38
OF TEMPORARY SERVICE COMPANIES..................................................................38
TITLE XXI.....................................................................................................................................................39
OF PERSONAL PROTECTIVE EQUIPMENT..............................................................39
TITLE XXII...................................................................................................................................................39
OF THE MAXIMUM WEIGHT OF HUMAN CARGO. LAW N° 20.001....................39
TITLE XXIII.................................................................................................................................................40
OF TOBACCO CONSUMPTION, LAW 20105.............................................................40
TITLE XXIV..................................................................................................................................................40
OF UV RADIATION........................................................................................................40
TITLE XXV.....................................................................................................................................................40
SANCTIONS....................................................................................................................40
TITLE XXVI..................................................................................................................................................41
TITLE XXVII................................................................................................................................................41
"THIS DOCUMENT IS MANDATORY READING FOR ALL WORKERS".

PREAMBLE

a) The purpose of these Internal Regulations is to regulate the


conditions, requirements, rights, benefits, benefits, obligations,
prohibitions and, in general, the forms and conditions of work,
hygiene and safety of all persons who work as employees of the
company ANWANTER Y NUSS LTDA, in the tasks, works or activities
that in any part of the territory are in charge or are developed by the
company.

b) These Internal Regulations shall be considered an integral part of


each employment contract and it shall be mandatory for the employee
to faithfully comply with the provisions contained in its text, from the
date of hiring.

c) Compliance with these regulations will enable the company to provide


and maintain:

a. Harmonious relationships with each worker and with his or her


coworkers.
b. A safe place to work, in which workplace accidents are reduced
to a minimum.
c. Well-being for each member of the company.

TITLE I
OF INCOME

Article 1°: The persons whom the company ANWANTER Y NUSS LTDA,
accepts as workers must comply, before entering, with the following
requirements and present the background and documents indicated:

a) Identity Card.
b) Last employer's severance pay, if any.
c) Certificate of studies completed in the event that the quality of the
work to be performed so requires.
d) Health Certificate.
e) If under 18 years of age and over 16 years of age, written
authorization by their father or mother, or legal guardians.
f) Minors under 16 and over 15 must present the authorization indicated
in the previous paragraph, as well as a certificate stating that they
have fulfilled their school obligation.
g) If married, marriage certificate, birth certificate of children to process
authorization of family charges.
h) Certificate of affiliation or documentation that accredits the name of
the pension system to which you are affiliated.
i) If over 18 years of age, certificate of military status.

Article 2°: Subsequent verification that false or adulterated documents


have been presented for admission shall be grounds for immediate
termination of the employment contract entered into, pursuant to Art. 160
Nº 1° of the Labor Code.

Article 3°: Whenever there are variations in the personal background that
the worker indicated in his application for admission, they must be
presented to the employer with the pertinent certifications.

TITLE II
OF THE EMPLOYMENT CONTRACT

Article 4: Once the requirements set forth in Article 1 have been fulfilled
and within 15 days of the employee's incorporation, the respective
employment contract shall be executed in writing. If the contract is for a
specific job, work or service with a duration of less than 30 days, the
term is reduced to 5 days. The contract shall be drawn up on a single
form consisting of the following distribution: Original employer, 1st copy
employee, 2nd agency of the employer. The original shall state, under
signature of the employee, the receipt of the copy of the respective contract.

Article 5°: The employment contract of minors under 18 years of age shall
be signed, together with them, by the legal representative of the minor, or
failing that, by the person or institution that has the minor in their care, and
in the absence of all of the above, the authorization of the respective Labor
Inspector shall be attached. In no case may minors under 15 years of
age be hired.

Article 6°: The employment contract shall contain, at least, the following
stipulations:
a) Place and date of the contract.
b) Individualization of the parties, with indication of the employee's
nationality, date of birth and income of the employee.
c) Determination of the nature of the services and the place or city
where they are to be provided.
d) The amount, form and period of payment of the agreed
remuneration.
e) Duration and distribution of the workday, unless the company
has a shift work system, in which case the provisions of the
Internal Regulations shall apply.
f) Term of the contract.

Article 7°: Amendments to the employment contract shall be recorded in


writing on the back of the copies of the same or in annexed documents
signed by both parties.

The employee's remuneration will be updated in the employment contract,


at least once a year, including legal and/or conventional readjustments, as
appropriate. The foregoing may also be set forth in an annexed document
that shall form part of the respective contract.
The company will promote mutual respect among workers within the
organization and will offer a system of conflict resolution when the situation
so warrants. All this in order to maintain an appropriate work environment.

TITLE III
OF WORKING HOURS

Article 8°: The ordinary working day for all personnel subject to it shall not
exceed 45 hours per week.
Monday to Friday.
a. 09:00 to 13:00 hrs and 14:30 to 18:40 hrs.
b. 10:00 to 14:30 hrs and 16:00 to 19:30 hrs.
Saturday.
a. 09:20 to 13:30 hrs.
b. 10:00 to 14:00 hrs.

Article 9°: The employee may not leave the workplace during the hours
referred to in the previous article without the written authorization of his or
her direct supervisor.

Article 10º: The period of time destined for snack shall be recorded in the
corresponding attendance control records. Said rest period, which shall also
be recorded in the employment contract, shall not be considered as having
been worked for the purpose of computing the duration of the hour
expressed.

Article 11: Any absence, tardiness or leave during the working day shall be
recorded on the control card, attendance book or other recording instrument
of the respective employee.
TITLE IV
OF THE OVERTIME CONTRACT

Article 12: Overtime is defined as those hours worked in excess of the


weekly working hours established in Article 8 of these Regulations or those
contractually agreed upon, as the case may be, and those worked on
Sundays and holidays or on the weekly rest day, provided that they exceed
said maximums.

It is a serious breach of the obligations imposed by the employment contract


to work overtime without the written authorization of the employer.

Article 13°: Overtime shall be paid with a 50% surcharge over the salary
agreed for the ordinary working day and shall be paid together with the
ordinary remunerations of the respective period. The payment of a specific
amount for overtime cannot be stipulated in advance.

Article 14º: The mere permanence of personnel at their place of work


beyond the time of departure, without the authorization of their direct
supervisor, does not constitute a cause for the payment of overtime.

TITLE V
OF SUNDAY AND HOLIDAY REST

Article 15°: Sundays and those that the law declares holidays shall be rest
days, except for the activities carried out by the company's employees,
authorized by the regulations in force to render services on those days.

Since the company is exempt from the Sunday rest, it is entitled to


distribute the normal working day to include Sundays and holidays.

TITLE VI
OF THE ANNUAL HOLIDAY
Article 16°: Workers with more than one year of service shall be entitled to
an annual holiday of 15 working days, with the right to full remuneration,
which shall be granted in accordance with the formalities established in the
Regulations.

Any worker with more than 10 years of work for one or more employers,
whether continuous or not, shall be entitled to an additional day off.
However, only up to ten years of employment with previous employers may
be claimed.

Article 17°: For the purposes of the holiday, Saturday shall always be
considered a non-business day.

Article 18: Only if the employee, having the necessary requirements to


make use of the holiday, ceases to belong to the company for any
circumstance, the employer shall compensate him/her for the time that
would have corresponded to him/her as holiday.

However, the employee whose contract terminates before completing the


year of service that entitles him/her to a holiday will receive an indemnity
for this benefit, equivalent to the full remuneration calculated proportionally
to the time between his/her hiring or the date he/she paid the last annuity
and the termination of his/her functions.

TITLE VII
OF MEDICAL LICENSES

Article 19°: The worker who is sick or unable to attend work shall notify the
company ANWANTER Y NUSS LTDA, by himself or through a third party,
within 24 hours of the occurrence of the illness, being the obligation of the
worker to deliver the respective medical license to the Personnel area.

Article 20°: The company ANWANTER Y NUSS LTDA, may ascertain at any
time the existence of the disease and shall have the right to have a
physician appointed by it examine the sick worker at his home. Likewise, the
company may verify that the employee complies with the rest ordered.

Article 21: For maternity, female workers are entitled to a rest as established
by Law 20545, keeping their jobs during such periods and receiving the
subsidy established by the legal regulations in force.
In order to take maternity leave, the employee must present the company with
the medical leave required by the DS. 3 of 1984, of the Ministry of Health.
Article 22: The worker shall enjoy maternity leave during the period of
pregnancy and up to 1 year after the expiration of the maternity leave.

This period is extended to those workers (widowed or single) who have


adopted a child in accordance with the Adoption Law No. 19,620.

Article 23°: The working father shall be entitled to a paid leave of five days in
the event of the birth of a child, which he may use at his choice from the
moment of birth, and in this case it shall be of continuous days or distributed
within the first month from the date of birth. This leave shall also be granted to
the parent who is granted the adoption of a child, counted from the respective
final judgment. This right cannot be waived.

Article 24: All female workers shall have the right to leave and the subsidy
established by law when the health of their child under one year of age
requires their care at home due to serious illness, circumstance that must be
accredited by means of a medical license.

Article 25°: The dismissal of the worker may only be requested for legal
cause during the period of pregnancy and up to one year after the expiration of
the maternity leave. This one-year period is extended to those workers
(widowed or single) who have adopted a child in accordance with the Adoption
Law No. 19,620.

Article 26°: In accordance with the provisions of the Labor Code, in the
case of the death of a child, as well as the death of a spouse, every worker
is entitled to a certain number of days of paid leave, in addition to the
annual holiday, regardless of the length of service.
There is also the right to paid leave in the event of the death of a child
during pregnancy, as well as in the event of the death of the employee's
father or mother.
These leaves shall be effective as of the day of the respective death.
However, in the case of a fetal death, the leave shall be effective from the
moment of proof of death, with the respective fetal death certificate.
The employee referred to in the first paragraph shall enjoy labor protection
for one month after the respective death. However, in the case of workers
whose employment contracts are for a fixed term or for a specific work or
service, the privilege will cover them only during the term of the respective
contract if it is less than one month, without the need to request their
dismissal at the end of each one of them.
The leave days provided for in this article may not be compensated in cash.
In the event of the death of a family member, days of leave with full pay
shall be granted in accordance with the following conditions:

Cause Permit period (minimum)


Son 7 continuous days
Spouse 7 continuous days
Unborn child 3 continuous days
Parent 3 continuous days

The death or deaths shall be evidenced by the corresponding certificates.

TITLE VIII
INFORMATION, REQUESTS AND COMPLAINTS

Article 27°: Individual or collective claims, requests and information shall


be formulated by the interested party or parties, in writing, to the
corresponding manager.

These requests shall be answered in writing by the employer within five days
of their submission.

TITLE IX
PENALTIES AND FINES

Article 28: Violations by employees of the provisions of these Regulations that


are not grounds for termination of their employment contracts shall be
sanctioned as follows:
a) A first written warning, signed by the superior,
with a copy to the labor inspectorate.
b) In case of repeated offenses, a second written warning, with a copy to
the labor inspectorate.
c) Ultimately, with a fine applied by the Management, which may be
from 10% to 25% of the daily remuneration of the offender.

Fines may be appealed within the third day of being applied and notified before
the corresponding Labor Inspectorate.

TITLE X
OF REMUNERATION

Article 29°: Workers shall receive as remuneration the base salary,


allowances, bonuses and royalties established in their respective
employment contracts, all of which may not be, in total, less than the
minimum legal income in force.

Travel allowances, tool wear and tear allowances, meal allowances, per
diems, family allowances granted in accordance with the law and, in general,
reimbursement of expenses incurred in the course of work do not constitute
remuneration.
For social security purposes, the severance indemnity per year of service
shall not constitute remuneration.

Article 30°: The following remuneration, among others, shall constitute


remuneration:

a) Salary or wage, which is the fixed stipend, in cash, paid for


equal periods, determined in the contract, which the worker
receives for the rendering of his services, as provided in Art. 41
of the Labor Code.
b) Overtime pay, which consists of remuneration for overtime
work.
c) Bonuses, deals and other income received for the performance
of the work under the contract.
d) Gratuity, which corresponds to the employer's share of the
employee's salary.

Article 31°: The payment of monthly remunerations shall be fixed within


the first five working days of the following month, at the place where the
employee renders his/her services.

Article 32°: The company shall pay the annual bonus according to the
profit of each fiscal year and in accordance with the provisions contained in
articles 46 to 49 of the Labor Code.

Article 33°: The employer shall deduct from the remunerations the taxes
levied on them, the social security contributions and the obligations with
social security institutions or public bodies. Likewise, at the written request
of the employee, the employer must deduct from the remunerations the
installments corresponding to mortgage dividends for the purchase of
housing and the amounts that the employee has indicated to be deposited in
a housing savings account, opened in his name in a financial institution or in
a housing cooperative. The latter may not exceed an amount equivalent to
30% of the employee's total remuneration.

Article 34°: Together with the payment of remunerations, the company


shall deliver to the employee a voucher with the settlement of the amount
paid and the list of payments and deductions made.

TITLE XI
RIGHT TO EQUAL PAY

Article 35°: ANWANTER Y NUSS LTDA shall comply with the principle of
equal remuneration between men and women who perform the same work
within the company, in the manner and under the conditions established by
law.

OF THE PETITIONS AND CLAIMS PROCEDURE

Article 36°: Workers who consider that their rights as set forth in the
preceding article have been infringed may file the corresponding claim in
accordance with the following procedure:

Those workers or legally authorized persons who consider that a violation of


the right to equal remuneration has been committed, may complain in
writing by letter addressed to the Management of ANWANTER Y NUSS LTDA
or the one acting in its stead, indicating the names, surnames and R.U.T.
(taxpayer's identification number). of the complainant and/or affected
person, the position held and function performed in the company and his or
her hierarchical dependence, as well as the manner in which the reported
infringement was committed or occurred.

ANWANTER Y NUSS LTDA Management will designate an impartial employee


of the area, duly trained to know about these matters, who will be
empowered to request written reports to the different Managements, Sub-
managements and Head Offices of the company, as well as statements from
the complainant or complainants or carry out any other necessary diligence
for the correct resolution of the claim. Once the background information has
been compiled, it will issue a written report on the process, in which it will
conclude whether or not the application of the Principle of Equal
Remuneration is appropriate. The aforementioned report shall be notified to
Management.

ANWANTER Y NUSS LTDA Management shall be obliged to respond in writing


before the expiration of thirty days from the date of the complaint.

If in the opinion of the claimant(s) this response is not satisfactory, they


may appeal to the labor courts, in the manner and under the conditions set
forth in the Labor Code.

TITLE XII
RIGHT TO EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

Article 37°: In order to guarantee the right to equal opportunities for


workers with disabilities, anti-discrimination measures are established,
which consist of making the necessary adjustments in the relevant rules for
the various tasks carried out in the company and in the prevention of
harassment.
Harassment is any conduct related to a person's disability that has the effect
of violating his or her dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment.

For these purposes, a worker with a disability is defined as a person who has
one or more physical, mental, psychological, intellectual or sensory
impairments, of a temporary or permanent nature, and whose interaction
with various barriers present in the environment prevents or restricts his or
her full and effective participation in society, on an equal footing with others.

TITLE XIII
OF THE OBLIGATIONS

Article 38°: The company's employees are obliged to faithfully comply with
the stipulations of the employment contract and those of these Regulations.
In particular, they must comply with the following obligations:

a) Strictly comply with the employment contract and the obligations


contracted, especially observing the daily arrival and departure times.
b) Arrive at work on time and clock in and out daily. It is considered
serious misconduct for an employee to sign the attendance book for
another colleague.
c) Be respectful of their superiors and observe the orders given by them
in order to serve the good service and/or interests of the
establishment.
d) To be courteous to co-workers, subordinates and persons in
attendance.
e) Immediately notify your supervisor of any loss, deterioration or
damage to the objects in your charge.
f) Use the maximum diligence and responsibility in the Control of:
Brands or products that are assigned, maintain stock adequate to
sales.
g) To report any irregularities they may notice in the establishment and
any complaints made to them.
h) Give notice within 24 hours to the direct manager and/or Personnel in
case of absence due to illness or other cause that temporarily
prevents him/her from attending work. When the absence due to
illness lasts for more than two days, the company will require the
presentation of a medical license in order to process the occupational
disability benefit.
i) Use the utmost diligence in the care of machinery, vehicles, materials
and raw materials of all kinds and, in general, of all the company's
assets.
j) To take care of the good conservation, order and cleanliness of the
place assigned to them and the elements and machines they are in
charge of.
k) Take care of the materials that are delivered for the performance of
their work, preferably taking care of their rational use in order to
obtain the maximum productivity with them.
l) Respect the regulations, instructions and general rules established in
the company, maintain appropriate vocabulary, behavior and
appropriate postures for customer service.
m) All workers must take care of their personal appearance. Both in
personal hygiene and in their clothing according to their assigned
functions. All employees must wear the institutional clothing established
by the company, this being established in the annex to the contract,
which will specify the days to be used.

TITLE XIV
OF THE PROHIBITIONS

Article 39°: It is forbidden to the company's employees:

a) Working overtime without prior written authorization from the


direct supervisor.
b) Forming agglomerations, tuning in to radio or television stations,
reading newspapers, dealing with matters unrelated to their
work or others that disturb the normal performance of the
workday.
c) To be absent from the workplace during working hours without
the corresponding authorization from their direct supervisor.
d) Being late by more than five minutes, four or more days in a
calendar month.
e) To be concerned, during working hours, with business outside
the establishment or personal matters, or to attend to persons
who are not related to their functions.
f) Disclose information that has come to their knowledge as a
result of their relations with the company when they have been
asked to keep it confidential.
g) To carry out, during working hours and/or within the offices,
work premises and work sites, social, political or trade union
activities.
h) Smoking in all company premises and facilities, except in those
places defined for this purpose, which are duly marked and
defined by the employer in agreement with the workers.
i) Sleeping, eating, preparing food, coffee or tea in offices or
workplaces.
j) Introducing, selling or consuming alcoholic beverages in their
premises or workplaces.
k) Entering the workplace or working in a state of intemperance or
with alcohol.
l) Adulterate the registration in the book of the time of arrival and
departure to work, or register the arrival or departure of any
other worker.
m) Disconnecting, blocking or operating computer systems,
machines or others without the prior written authorization of
your direct supervisor.
n) Using inappropriate language and engaging in obscene actions
or situations in the workplace.
o) Sell and/or lend their personal protection elements (e.g. safety
shoes, goggles, ear protectors, etc.).
p) Entering or leaving the premises carrying bags, backpacks or
packages without the approval of the corresponding
management.
q) Entering the company through entrances other than the service
doors.
r) Stealing belongings that do not belong to the employee.
For the control of this fault, the employer shall be governed by
the provisions of the Labor Inspection, regarding the control of
losses, being able to make use of the registration of bags and
lockers of all personnel, by groups or by lottery among the
sections of the company, in no case individually, since this
violates the fundamental rights of individuals.

TITLE XV
TERMINATION OF THE EMPLOYMENT CONTRACT

Article 40°: (Article 159° of the Labor Code) The employment contract shall
terminate in the following cases:

a) Mutual agreement of the parties.


b) Resignation of the employee, giving at least thirty days' notice
to the employer.
c) Death of the worker.
d) Expiration of the agreed term. The duration of the fixed-term
contract may not exceed one year. An employee who has
provided discontinuous services under two or more term
contracts for twelve months or more in a period of fifteen
months from the date of the first contract shall be legally
presumed to have been hired for an indefinite term. In the case
of managers or persons who have a professional or technical
degree granted by a higher education institution of the State or
recognized by it, the duration of the contract may not exceed
two years. The fact that the employee continues to provide
services with the knowledge of the employer after the expiration
of the term, transforms it into a contract of indefinite duration.
e) Conclusion of the work or service that gave rise to the contract.
f) Fortuitous event or force majeure.

Article 41°: (Article 160 of the Labor Code) The employment contract
terminates without the right to any indemnity when the employer terminates
it by invoking one or more of the following causes:

1. Some of the misconduct of a serious nature, duly proven, as indicated


below:
a) Lack of probity of the employee in the performance of his duties.
b) Sexual harassment behaviors.
c) In fact, the employee's actions against the employer or any other
employee working in the same company.
d) Insults made by the employee to the employer.
e) Immoral conduct of the employee that affects the company where
he/she works.

2. Negotiations carried out by the employee within the line of business and
which have been prohibited in writing in the respective contract by the
employer.

3. Failure of the employee to attend work without justified cause for two
consecutive days, two Mondays in a month or a total of three days
during the same period of time. Likewise, the unjustified or
unannounced absence of a worker who is in charge of an activity, task
or machine whose abandonment or stoppage means a serious
disturbance in the running of the company.

4. Abandonment of work by the employee, understood as such:


a) The untimely and unjustified departure of the worker from the
work site and during working hours, without permission from the
employer or his representative, and
b) Refusal to work, without just cause, in the tasks agreed upon in
the contract.

5. Reckless acts, omissions or imprudence that affect the safety or


operation of the establishment, the safety or activity of the workers or
their health.

6. Material damage intentionally caused to installations, machinery, tools,


working tools, products or merchandise.

7. Serious non-compliance with the obligations imposed by the


employment contract and these Internal Regulations.
Article 42°: (Article 161.1 of the Labor Code) The employer may terminate
the employment contract invoking as grounds the needs of the company,
establishment or service, such as those derived from the rationalization or
modernization thereof, drops in productivity, changes in market or economic
conditions, which make necessary the separation of one or more workers.

Article 43°: At the expiration of the employment contract, at the worker's


request, the company ANWANTER Y NUSS LTDA shall issue a certificate that
shall only state: date of entry, date of retirement, the administrative,
professional or technical position or the work performed by the worker. The
company shall also notify the corresponding pension fund institution of the
termination of the employee's services.

TITLE XVI
INVESTIGATION, SAFEGUARDS AND SANCTIONS
OF SEXUAL HARASSMENT

Definition:
Article 44º: Sexual harassment is understood to mean that a person unduly
makes, by any means, requests of a sexual nature, not consented to by the
person who receives them and which threaten or harm his or her employment
situation or employment opportunities.

Procedure, investigation and sanctions:


Article 45: In case of sexual harassment, the affected person shall submit a
written and duly signed complaint to the General Manager or to the respective
Labor Inspectorate.

Article 46º: The complaint shall contain:

a) The individualization of the alleged harasser.


b) Indication of the relationship of subordination or dependence of
the complainant with the respondent, or of the work relationship
between both; description of the harassing conduct exercised by
the respondent with respect to the complainant; physical space in
which the harassment occurs; possible witnesses or documentary
background, if any; and description of the attitudes adopted by the
complainant and the form or forms in which he/she has expressed
his/her disagreement or annoyance with the harassment.The
following are also included: a description of the physical space
where the harassment occurred; possible witnesses or
documentary background, if any, and a description of the attitudes
adopted by the complainant and the form or forms in which he/she
has expressed his/her disagreement or discomfort with the
attitude of the alleged harasser.
c) List of the possible labor or other consequences that could have
arisen from the conduct denounced.

Article 47º: Once the complaint has been received, ANWANTER Y NUSS LTDA,
through the person designated by the General Management, shall adopt the
necessary measures to protect those involved, such as the separation of
physical spaces or the redistribution of working hours, considering the
seriousness of the alleged facts and the possibilities derived from the working
conditions.

In the event that the complaint is filed with the Labor Inspectorate, the latter
shall promptly suggest the adoption of such measures to the employer.

Article 48º: ANWANTER Y NUSS LTDA shall arrange for an internal


investigation of the facts or, within five days, shall send the background
information to the respective Labor Inspectorate, so that they may carry out
the investigation.

In any case, the investigation must be concluded within thirty calendar days.

If an internal investigation is chosen, it shall be in writing, shall be conducted


in strict confidentiality, ensuring that both parties are heard and can
substantiate their statements, and the conclusions shall be sent to the
respective Labor Inspectorate.

Article 49º: The conclusions of the investigation carried out by the


Inspectorate or its observations on the internal investigation shall be brought
to the attention of the employer, the complainant and the accused.

Article 50º: In accordance with the merit of the report, the company shall,
within fifteen days from the receipt thereof, arrange and apply the
corresponding measures or sanctions, which may range from verbal or written
reprimand to termination of the employment contract for the cause provided
for in letter b) of No. 1 of Article 50º. 160 of the Labor Code, depending on the
seriousness and repetition of the facts accredited during the investigation.

TITLE XVII
LAW OF THE CHAIR
Article 51°: In stores, stores, bazaars, warehouses, merchandise warehouses
and other similar commercial establishments, even if they operate as annexes
of establishments of another order, the employer shall maintain a sufficient
number of seats or chairs at the disposal of the employees or workers. The
preceding provision shall be applicable in industrial establishments, and to
workers in commerce, when the functions they perform so permit.
Therefore the company ANWANTER Y NUSS LTDA, in virtue of complying
with the provisions of this title, has arranged for its staff chairs that are
distributed in the premises and have been intended for a short break, these
chairs must remain in front of the selected sites and computers, these
elements must be used when there is no public attention, sale or
replenishment, may be used to make extensive budgets, may not be used as a
means of ladder to reach objects.These elements must be used when there is
no public attention, sale or replacement, they can be used to make extensive
budgets, they cannot be used as a means of ladder to reach objects.

TITLE XVIII
OF SUBCONTRACTED LABOR

Article 52°: Law No. 20.123, which regulates subcontracted work and work in
temporary service companies, stipulates that, according to Article 183 A,
"subcontracted work is work performed under a labor contract by a worker for
an employer, called contractor or subcontractor, when the latter, by virtue of a
contractual agreement, is in charge of performing works or services, on its own
account and risk and with workers under its dependence, for a third natural or
legal person that is the owner of a third natural or legal person.The latter, by
virtue of a contractual agreement, undertakes to perform works or services, at
its own risk and with workers under its dependence, for a third party, natural
or legal person, owner of the work, company or site, called the main company,
in which the services are performed or the contracted works are executed.
However, works or services that are performed or rendered in a discontinuous
or sporadic manner shall not be subject to the rules of this....."
The following should be requested:: Certificate of social security payment,
certificate of membership in a mutual insurance company, internal regulations,
right to know, delivery of personal protection equipment.

TITLE XIX
PREVENTION, HYGIENE AND SAFETY RULES

A. PREAMBLE

Article 53°: The norms contained in this title and following are intended to
establish the general provisions for the Prevention of Occupational Accidents
and Occupational Diseases that shall govern the company ANWANTER Y NUSS
LTDA, which shall be mandatory for all personnel, in accordance with the
provisions of Law 16.744, which establishes norms on Occupational Accidents
and Occupational Diseases.

Art. No. 67 of Law 16,744:

"Companies or entities shall be obliged to keep the Internal


Occupational Health and Safety Regulations up to date and workers
shall be obliged to comply with the requirements imposed by such
regulations."
The regulations should refer to the application of fines to workers who do
not use the personal protection elements provided to them or who do not
comply with the obligations imposed on them by the rules, regulations or
instructions on occupational health and safety. The application of such fines
shall be governed by the provisions of Art. 157 of the Labor Code.

The fines will be used to increase the company's welfare funds for workers
or social welfare services.

CALL FOR COLLABORATION


This regulation is primarily intended to prevent occupational accidents, or at
least to reduce them to a minimum. Achieving this important objective for
those who work in the company should be a concern for everyone,
regardless of their position. To this end, the company calls on all its
employees to collaborate in its fulfillment, putting its provisions into
practice, participating in the bodies it establishes and suggesting ideas that
contribute to achieving the aforementioned purpose and enriching its
provisions.

B. GENERAL PROVISIONS

Article 54º: Definitions


For the purposes of these Regulations, the following definitions shall apply:

a. Worker: Any person who, in any capacity, provides services, under


an employment contract, in the company ANWANTER Y NUSS LTDA
and for which he/she receives remuneration.
b. Direct manager: The person who is in charge of the work being
performed.
c. Company: The employing entity that hires the services of the
worker.
d. Occupational risk: The risks to which the worker is exposed and
which may cause an accident or occupational disease, expressly
defined in Articles No. 5 and No. 7 of Law 16,744.
e. Occupational accident: Any injury that a person suffers because of
or in connection with work and that results in incapacity or death
(Art. 5º, inc. 1º, Law 16.744).
f. Occupational accident during the commute: Occupational
accidents are also those occurring during the direct commute to or
from the place of work, and those occurring during the direct
commute between two workplaces, even if they correspond to
different employers. In the latter case, the accident will be
considered to be related to the work to which the worker was going
when the accident occurred (Art. 5º, inc. 2º, Law 16.744).
g. Occupational disease: The one caused in a direct way by the
exercise of the profession or work performed by a person and that
produces incapacity or death (Art. 7º, inc. 1º, Law 16.744).
h. Insurance administrator: For the workers of ANWANTER Y NUSS
LTDA is the Mutual de Seguridad CChC, of which the company is a
member.
i. Joint Health and Safety Committee: It is made up of three
employer representatives and three labor representatives, to deal
with occupational health and safety issues in accordance with Decree
54 of the Ministry of Labor and Social Welfare, dated February 21,
1969.
j. Safety standards: The set of mandatory rules emanating from
these regulations, the Joint Committee and/or the Administrative
Body, which indicate the form or manner of performing a job without
risk to the worker.
k. Personal protective equipment: Set of elements intended to
protect the worker against a particular risk in the work environment.
Article 55° Hospitalization and medical care
The Mutual de Seguridad CChC is the institution in charge of the obligations
regarding accidents and occupational diseases established by Law 16.744 for
the personnel of the company ANWANTER Y NUSS LTDA.

The direct managers, as defined in Article No. 56 letter b) of these Regulations,


shall be responsible for the following actions:

a) Instruct your personnel to work safely.


b) To ensure the individual or collective safety at work of the
personnel in their charge.
c) Ensure order, cleanliness and environmental conditions in the
workplace.
d) Verify the use of work clothes and personal protective equipment.
e) Ensure prompt provision of first aid in case of injury to personnel.
f) Report and investigate all work accidents occurring in the units
under his charge; correct the causes and follow up on the
implementation of corrective measures.

Article 56º: Medical attention for occupational accidents or occupational


diseases must be requested from the CChC Mutual de Seguridad. However,
exceptionally, the injured party may be transferred in the first instance to an
assistance center that does not belong to Mutual de Seguridad CChC, only in
the following situations: emergency cases or when the proximity of the place
where the accident occurred and its extreme seriousness so require. It will
be understood that there is an emergency when the health condition or
clinical picture implies vital risk and/or serious functional sequelae for the
person, in the absence of immediate medical attention. In these cases, the
CChC Mutual de Seguridad CChC must be informed immediately so that it
can take the necessary measures.

Article 57°: Notification of the occupational accident


Any worker who suffers a work or commuting accident that causes him/her
injury, no matter how slight or unimportant it may seem, must immediately
notify his/her direct supervisor or the person who replaces him/her during
the workday.

If the injured person is unable to do so, any worker who witnessed the
accident shall report the event. You should also report any symptoms of
occupational disease that you notice in your body.

In accordance with Art. 71 of Decree 101 (Law 16,744), all accidents must
be reported immediately; the period must not exceed 24 hours after the
accident.
a) The person in charge will be responsible for signing the accident
report on the form provided by Mutual de Seguridad CChC.
b) Travel accident:
The occurrence of the accident on the direct route must be accredited
by the affected party, before the respective Administrative Body, by
means of a report from the Carabineros or a certificate from the
health care center where he/she was treated, or other equally reliable
means.

Article 58°: Accident investigation

a) It shall be the duty of the supervisor to immediately inform the


superior management and the Joint Committee of all serious
accidents and potentially serious events, even if there are no
injuries, and to carry out the corresponding investigation to
determine the causes that produced them.
b) Every employee is obliged to collaborate in the investigation of
accidents occurring in the company. You must notify your direct
supervisor when you are aware of or have witnessed an accident to
a colleague, even if he/she does not consider it to be of importance
or has not suffered an injury.
c) Likewise, he/she shall be obliged to give a complete and true
statement of the facts witnessed or of which he/she has
knowledge, when the Joint Committee, the chiefs of the injured
parties and the Insurance Administration Agency so require.

Article 59°: Joint Committees


Organization, election and operation

a) In accordance with current legislation, in every company, site,


branch or agency where more than 25 people work, whether
employees or workers, Joint Health and Safety Committees shall be
organized, composed of representatives of the workers and
representatives of the company ANWANTER Y NUSS LTDA, whose
decisions, adopted in the exercise of the powers entrusted to them
by Law 16,744, shall be binding for the company and the workers.
b) The Joint Committees shall be composed of three representatives
of the company and three representatives of the workers.
c) The appointment or election of the members of the Joint
Committees shall be carried out in the manner established by
Decree No. 54 of the Ministry of Labor and Social Security, dated
February 21, 1969, as amended.
d) The members of the Order, Hygiene and Safety Joint Committees
shall serve for two years and may be reelected.
e) Committee members who cease to render services in the
respective company, or when they fail to attend two consecutive
sessions without justified cause, shall cease to hold office.
f) The alternate members shall replace the regular members in the
event of their absence for any reason or vacancy of office.
g) For all matters not covered by these Regulations, the Joint
Committee shall abide by the provisions of the DS. 54 of Law
16,744.

Article 60: Functions of the Joint Committees

a) Advise and instruct workers on the correct use of protective


instruments.
b) To monitor the compliance, both by ANWANTER Y NUSS LTDA and
the workers, of the prevention, hygiene and safety measures.
c) Investigate the causes of occupational accidents and diseases
occurring in the company.
d) Decide whether the accident or occupational disease was due to
the worker's inexcusable negligence.
e) Indicate the adoption of all hygiene and safety measures that serve
to prevent occupational hazards.
f) Fulfill other functions or missions entrusted to it by the Insurance
Administration Agency.
g) Promote the implementation of professional training courses for
workers, in public or private organizations authorized to fulfill this
purpose or in the same company, industry or site under the control
and direction of those organizations.

C. OBLIGATIONS

Article 61°: The following are obligations for all personnel:

a) Any worker who suffers a work or commuting accident that causes


him/her injury must immediately report the fact to his/her direct
supervisor or to the person who replaces him/her during the
working day. Likewise, he/she must report any symptoms of
occupational disease that he/she notices in his/her body.
Decree 101 of the general regulations of the law, provides in Article
No. 71 that reports of occupational accidents must be made within
24 hours of the occurrence of the event.
b) The report of an accident at work shall be made by the direct
supervisor of the injured party.
c) The investigation of work accidents must be carried out by the
Joint Committee and its purpose is to discover the causes that
originated the accident, in order to adopt the necessary measures
to avoid its repetition.
d) Any worker who suffers a commuting accident, in addition to the
immediate notice to his employer (Article 7º DS. 101) must prove
its occurrence before the Mutual de Seguridad CChC by means of
the respective police report (at the request of the competent
court) or other equally reliable means; for this purpose, at least
one of the following is also considered as evidence:
 The injured party's own statement.
 Witness statements.
 Certificate of care from Posta or Hospital.
e) All workers must be concerned with the proper operation of the
company's machinery. You must also make sure that your work
area is kept clean and tidy, clearing it of obstacles to avoid
accidents to yourself or any other person passing around you.
f) Any worker who suffers from an illness that affects or reduces his
or her safety at work must inform his or her direct supervisor so
that the appropriate measures can be taken, especially if he or she
suffers from epilepsy, dizziness, heart disease, poor hearing or
vision, etc. Likewise, the worker must immediately inform his
direct supervisor of any infectious or epidemic disease that he has
suffered or is suffering from, or that has affected his family group.
g) An employee who has suffered an occupational accident and who
as a result is undergoing medical treatment may not work in the
company without first presenting a certificate of discharge from
work or a certificate of termination of work rest, issued by the
treating physician of the administering agency. This control shall
be the responsibility of the immediate supervisor.
h) All workers must inform their immediate supervisor or any
company executive of any abnormality they observe in the
facilities, machinery, tools, personnel or environment in which they
work. This warning must be immediate if the abnormality is
manifest or is causing or producing a risk of accident to equipment
or people.
i) Every worker should know:
 The exact location of the fire extinguishing equipment in the
sector in which you work.
 The way to operate them. Otherwise, you must request your
instruction.
j) Any worker who sees that a fire has started or is in danger of
starting shall raise the alarm by alerting his immediate supervisor
and all workers in the vicinity.
k) In the event of a fire alarm, the worker will follow the disciplined
procedure established in the safety regulations in force in the
company for these cases.
l) All workers must be trained in basic safety aspects or participate in
safety training courses, which are at full cost to the company.
m) All workers must obligatorily wear the uniforms and protective
elements provided by the company, as they are considered
protective elements to better perform their work.
D. PROHIBITIONS

Article 62°: It is forbidden to all company personnel:

a) Repairing, disassembling or dismantling work or other machinery


without being expressly authorized to do so.
b) If any faults are detected in these, it is the employee's obligation
to immediately inform his/her direct supervisor, so that they can
be sent to the technical service, thus avoiding further deterioration.
c) Smoking or lighting fires in workplaces.
d) Remaining, for any reason whatsoever, in dangerous places other
than those in which he/she performs his/her normal work.
e) Running, playing, fighting, or arguing during working hours and/or
on the premises.
f) Altering, changing, repairing or operating installations, machinery,
equipment, mechanisms, electrical systems or tools, without
having been expressly authorized and entrusted to do so.
g) Appropriating or stealing private property, whether belonging to
the company or to co-workers.
h) Executing work or actions for which he/she is not authorized
and/or trained, or when he/she is in poor health.
i) Removing, modifying or deactivating safety mechanisms,
ventilation, extraction, heating, drains, computer equipment, etc.
j) Failure to provide information regarding certain safety conditions at
the office(s) or work site(s) or accidents that have occurred.
k) Tearing, scratching, removing or destroying advertising,
commercial or promotional material that the company has placed
on its premises or others.
l) Tearing up, removing or destroying any advertisements or safety
rules that the company publishes to inform or motivate personnel.
m) Applying to oneself or to others, medication without a prescription
authorized by a competent physician, in case of having suffered an
injury.
n) It is strictly forbidden to handle, activate or operate any machinery
without having been authorized to do so. All authorization or
approval to handle, activate or operate any machinery or
equipment shall be given in writing by the specialty chief.
o) It is prohibited to drive, activate or operate any type of machinery
if:
 One is in a state of intemperance.
 You are in defective physical condition.
p) The use of any motorized vehicle owned by the company is
prohibited without prior written authorization from the competent
management.
E. CLAIMS PROCEDURES ESTABLISHED IN LAW 16.744

Article 63°: (Article 76° of Law 16.744)


The employing entity shall report to the respective administrative agency,
immediately upon occurrence, any accident or illness that may cause
incapacity for work or death of the victim. The injured or sick person, or their
legal successors, or the doctor who treated or diagnosed the injury or illness,
as well as the Joint Safety Committee, shall also have the obligation to report
the incident to the administrative body, in the event that the employing entity
has not made the report.

Article 64°: (Article 77° of Law 16.744)


The members or their rightful claimants, as well as the administering agencies,
may file a complaint within 90 working days before the Medical Claims
Commission for Occupational Accidents and Occupational Diseases, against the
decisions of the Health Services or the Mutual Insurance Companies, as the
case may be, on matters of fact that refer to medical matters. The resolutions
of the Commission may be appealed, in any case, before the Superintendence
of Social Security within 30 working days, which will decide with exclusive
competence and without further appeal. Notwithstanding the provisions of the
preceding paragraphs, claims may be filed directly with the Superintendency of
Social Security within 90 working days against other resolutions of the
administering agencies.

The time periods mentioned in this article shall be counted from the date of
notification of the resolution, which shall be made by registered letter or by
other means established by the respective regulations. If it has been notified
by registered letter, the term shall be counted from the third day of receipt
thereof at the post office.

ART. 77 BIS OF LAW 16.744

The worker affected by the rejection of a leave of absence or medical rest by


the Health Services, Social Security Health Institutions or Employers' Mutual
Benefit Societies, based on the fact that the condition invoked has or does not
have an occupational origin, as the case may be, must go to the Social
Security System organization to which he/she is affiliated, other than the one
that rejected the leave of absence or medical rest, which shall be obliged to
take it immediately and grant the corresponding medical or monetary
benefits.The employee shall be obliged to immediately submit the claim and
grant the corresponding medical or monetary benefits, without prejudice to the
subsequent claims and reimbursements, if applicable, as provided for in this
article.
In the situation provided for in the preceding paragraph, any person or entity
concerned may file a claim directly with the Superintendence of Social Security
for the rejection of the leave of absence or medical rest, and the latter shall
decide, with exclusive competence and without further appeal, on the nature of
the condition that gave rise thereto, within thirty days from the date of receipt
of the required background information or from the date on which the affected
worker has undergone the examinations required by the Superintendence.The
Superintendence shall decide, with exclusive competence and without further
appeal, on the nature of the condition that gave rise to it, within thirty days
from the receipt of the required background information or from the date on
which the affected worker has undergone the examinations required by said
agency, if such examinations are subsequent.

If the Superintendence of Social Security decides that the benefits should have
been provided under a pension system different from the one under which they
were provided, the Health Service, the Institute for Pension Standardization,
the Employers' Mutual Benefit Society, the Family Allowance Compensation
Fund or the Pension Health Institution, as the case may be, shall reimburse the
value of such benefits to the administering agency that paid for them, and the
latter shall make the respective request.The value of such benefits shall be
reimbursed by the Health Service, the Institute for Social Security
Standardization, the Employers' Mutual Benefit Fund, the Family Allowance
Compensation Fund or the Social Security Health Institution, as the case may
be, to the administering agency of the entity that paid for them, and the latter
shall make the respective request. Such reimbursement shall include the
portion that should have been financed by the employee in accordance with
the social security health system to which he/she is affiliated.

The value of the benefits to be reimbursed in accordance with the preceding


paragraph shall be expressed in Unidades de Fomento, according to their value
at the time they are granted, plus the current interest for readjustable
operations referred to in Law No. 18.010, from said moment until the date of
the request for the respective reimbursement, and shall be paid within ten
days as from the request, according to the value of said unit at the time of the
effective payment. If such payment is made after the expiration of the
aforementioned term, the amounts owed shall accrue 10% annual interest,
which shall be applied daily as of the date of the aforementioned payment
request. In the event that the benefits have been granted in accordance with
the health regimes provided for common illnesses, and the Superintendence of
Social Security decides that the condition is of occupational origin, the National
Health Fund, the Health Service or the Social Security Health Institution that
provided them shall reimburse the worker the portion of the reimbursement
corresponding to the value of the benefits that he/she would have paid, in
accordance with the social security health regime to which he/she is affiliated,
with an adjustment of the amount of the reimbursement.The National Health
Fund, the Health Service or the Social Security Health Institution that provided
them shall return to the worker the part of the reimbursement corresponding
to the value of the benefits that he/she had paid for, according to the social
security health system to which he/she is affiliated, with the respective
readjustments and interests. The deadline for payment shall be ten days from
the date of reimbursement. If, on the other hand, the condition is classified as
common and the benefits have been granted as if they were of professional
origin, the Health Service or the Social Security Health Institution that made
the reimbursement shall charge its member the part of the value of the
benefits that the latter is responsible for paying, according to the health
system in question, for which only the value of those benefits shall be
considered. the reimbursement shall charge its member the part of the value
of the benefits that the latter is responsible for paying, according to the health
system in question, for which purpose only the value of such benefits shall be
considered. For the purposes of the reimbursements provided for in the
preceding paragraphs, the value of the medical benefits will be considered to
be the equivalent of the value that the entity that granted them charges for
them when providing them to private individuals.
F.- D.S. No. 101 of the Ministry of Labor and Social Welfare, D.S.73, of
the same Ministry.

Article 65º: (Art. 71 D.S. 101). In case of work or commuting accidents, the
following procedure shall be applied:

a) Workers who suffer a work or commuting accident must be sent by the


employing entity, immediately upon learning of the accident, to the
health care facility of the corresponding administrative agency.
b) The employing entity must file the corresponding "Individual Industrial
Accident Report" (DIAT) with the administrative agency to which it is
adhered or affiliated, and must keep a copy of the same. This document
must be submitted with the information indicated in its format and
within a period not exceeding 24 hours after the accident is known.
c) In the event that the employer has not made the complaint within the
established period, it must be made by the employee, by his or her legal
successors, by the company's Joint Health and Safety Committee when
applicable, or by the treating physician. Notwithstanding the foregoing,
any person who has knowledge of the facts may file a complaint.
d) In the event that the employer does not comply with the obligation to
send the injured worker to the health care facility of the corresponding
administrative agency or that the circumstances in which the accident
occurred prevent the employer from taking knowledge of the accident,
the worker may go by his own means and must be treated immediately.
e) Exceptionally, the injured party may be transferred in the first instance
to an assistance center other than the one that corresponds to him/her
according to his/her administering agency, in the following situations:
emergency cases or when the proximity of the place where the accident
occurred and its seriousness so require. It shall be understood that there
is an emergency when the health condition or clinical picture implies
vital risk and/or serious functional sequelae for the person, in the
absence of immediate medical attention. Once the emergency has been
qualified and the injured person has been admitted, the health care
center must inform the administrative agencies of the situation, leaving
a record of it.
f) In order for the employee to be transferred to a health care center of
the administering agency or to one with which the administering agency
has an agreement, he/she must have the written authorization of the
physician acting on behalf of the administering agency.
g) Notwithstanding the foregoing, the respective administering agency shall
instruct its member or affiliated employer entities to register all those
consultations of workers due to injuries, which are attended in
polyclinics or health care centers located at the place of the work and/or
belonging to the employer entities or with which they have agreements
for care. The format of the registry will be defined by the
Superintendency.
Article 66º: (Art. 72 D.S. 101). In the case of an occupational disease, the
following procedure shall apply:

a) The administrative agencies are obliged to carry out, ex officio or at the


request of the workers or the employing entities, the appropriate
examinations to study the possible existence of an occupational disease,
only when there are or have been in the workplace agents or risk factors
that could be associated with an occupational disease.In the case of
workers affected by an occupational disease, it must indicate that they
should be transferred to other work sites where they are not exposed to the
causal agent of the disease. The administering agency may not refuse to
carry out the respective examinations if it has not carried out an evaluation
of the working conditions within the six months prior to the request, or if
the occupational history of the worker so suggests.
b) In the event of refusal by the administrative agency to carry out such
examinations, which must be justified, the employee or the employing
entity may appeal to the Superintendency, which will decide with exclusive
competence and without further appeal.
c) If an employee declares to his employer that he suffers from an illness or
presents symptoms that presumably have an occupational origin, the
employer must send the corresponding "Individual Report of Occupational
Illness" (DIEP), at the latest within 24 hours, and send the employee
immediately, for his attention, to the health care establishment of the
respective administering agency, where he must undergo the necessary
examinations and procedures to establish the origin of the illness.The
employer must send the worker immediately after the fact is known, for his
attention, to the health care establishment of the respective administrative
agency, where the necessary examinations and procedures must be
performed to establish the common or occupational origin of the disease.
The employer must keep a copy of the DIEP, a document that must be
submitted with the information indicated in its format.
d) In the event that the employer has not made the complaint within the term
established in the previous paragraph, it shall be made by the employee, by
his or her legal successors, by the Joint Health and Safety Committee of the
company when applicable, or by the treating physician. Notwithstanding the
foregoing, any person who has knowledge of the facts may file a complaint.
e) The administering agency must issue the corresponding resolution as to
whether the condition is of common or occupational origin, which must be
notified to the worker and the employer, instructing them on the
appropriate measures to be taken.
f) f) When a worker or former worker is diagnosed with an occupational
disease, the administering agency shall record in its records at least his or
her personal data, the date of diagnosis, the pathology and the work
position in which he or she was or is exposed to the risk that caused it.
g) The administering agency must include the employing entity in its
epidemiological surveillance programs, at the time of establishing the
presence of risk factors that so warrant or of diagnosing an occupational
disease in the workers.
Article 67º: (Art. 73 D.S. 101). Notwithstanding the provisions of Articles 68
and 69 above, the following rules and procedures common to occupational
accidents and occupational diseases shall be complied with:

a) The Ministry of Health, through the corresponding authorities, in accordance


with the provisions of Article 14 C of DL No. 2,763 of 1979, shall establish
the data to be contained in the "Individual Occupational Accident Report"
(DIAT) and the "Individual Occupational Disease Report" (DIEP), for which
purpose it shall request a report from the Superintendence. The Ministry of
Health, through the corresponding authorities, in accordance with the
provisions of Article 14 C of DL No. 2,763 of 1979, and the Superintendency
will jointly establish the formats of the DIAT and DIEP, of mandatory use for
all administering agencies.
b) The administering agencies shall submit to the Seremis the information
referred to in the third paragraph of article 76 of the law, by calendar
quarters, and in the form established by the Superintendency.
c) The administering agencies must keep a record of the DIAT and DIEP forms
that they provide to their affiliated or adhered employing entities, with the
corresponding correlative numbering.
d) In all cases in which as a consequence of the work accident or occupational
disease the worker is required to rest for one or more days, the doctor in
charge of the worker's care shall issue the "rest order Law 16.744" or
"medical license", as the case may be, for the days that the worker is
required to rest and as long as he/she is not able to return to his/her usual
work and working hours.
e) Usual work and working hours shall be understood to be those that the
worker normally performed prior to the onset of the temporary incapacity
for work.
f) The administering agencies may only authorize the reincorporation of the
injured or occupationally ill worker once he/she has been discharged from
work, which must be recorded in accordance with the instructions issued by
the Superintendency.
g) Discharge from work" means the certification by the administering agency
that the worker is able to return to work under the conditions prescribed by
the treating physician.
h) The natural person or employing entity making the complaint shall be
responsible for the truthfulness and completeness of the facts and
circumstances stated in the complaint.
i) The simulation of an occupational accident or an occupational disease shall
be punished with a fine, in accordance with Article 80 of the law, and shall
also make the person who filed the complaint responsible for the
reimbursement to the corresponding administrative agency of all the
amounts paid by the latter for medical or pecuniary benefits to the alleged
occupational accident victim or occupational disease patient.

Article 68º: (Art. 74 D.S. 101). The administering agencies will be obliged to
keep a database - "Database Law 16,744"- with, at least, the information
contained in the DIAT, the DIEP, the diagnoses of occupational disease, the
incapacities affecting workers, the indemnities granted and the pensions
constituted, in accordance with Law No. 19,628 and the instructions issued by
the Superintendency.

Article 69º: (Art. 75 D.S. 101). For the purposes of Article 58 of the law, the
administering agencies must, as the case may be, request or initiate the
declaration, evaluation or reevaluation of permanent disabilities, at the latest
within 5 working days following the "medical discharge", and in such cases
they must send the pertinent background information.
Medical discharge" shall mean the certification by the treating physician of the
end of the medical, surgical, rehabilitation and other treatments to be carried
out in each specific case.

Article 70º: (Art. 76 D.S. 101). The procedure for the declaration, evaluation
and/or reevaluation of permanent disabilities shall be as follows:

a) The Commissions of Preventive Medicine and Disability (Compin) will be


responsible for the declaration, evaluation and reevaluation of permanent
disabilities, except in the case of permanent disabilities resulting from
occupational accidents of members of Mutual Insurance Companies, in
which case the competence will correspond to these institutions.
b) The Compin and the Mutual Insurance Companies, as appropriate, will act
at the request of the administering agency, at the request of the employee
or of the employing entity.
c) The Compin, in order to issue an opinion, will compile a file with the data
and background information provided to them, including those referred to in
the second paragraph of Article 60 of the law, and any other information
deemed necessary for a better determination of the degree of earning
incapacity.
d) The Compin, in the exercise of its functions, may request from the different
administrative agencies and from the persons and entities it deems
pertinent, the information indicated in letter c) above.
e) In the case of accidents suffered by workers of employer entities affiliated
to the INP, the Compin must necessarily have, among the background
information, the statement made by the administering agency that the
accident occurred because of or in connection with the work and the
respective DIAT.
The Compin must take the necessary measures to obtain such information,
and may not refuse to carry out an evaluation due to the lack thereof.
f) The resolutions issued by the Compin and the Mutual Insurance Companies
must contain the background information and conform to the format
determined by the Superintendency. In any case, such resolutions must
contain a statement on the possibilities of changes in the state of disability,
either by improvement or aggravation. Such resolutions shall be notified to
the corresponding administrative agencies and to the interested party, at
the latest within 5 working days of their issuance.
g) The process of declaration, evaluation and/or reevaluation and the
necessary examinations will not imply any cost for the worker.
h) On the basis of the resolution, the administering agencies will proceed to
determine the benefits to be received by the injured or sick person, without
the need for the submission of an application by the injured or sick person.
i) For the purposes of the provisions of this article, the Compin shall be
integrated, as the case may be, by one or more physicians with experience
in relation to the evaluated disabilities and/or with experience in
occupational health.
j) The Compin will have a secretary appointed by the Regional Ministerial
Secretary of the Seremi to which it reports, who will act as a minister of
faith to authorize the actions and resolutions of the Compin.
k) The decisions issued by the Compin and the Mutual Insurance Companies
may be challenged before the Medical Claims Commission for Occupational
Accidents and Occupational Diseases, in accordance with the provisions of
Article 77 of the Law and these Regulations.

Article 71º: (Art. 76 bis D.S. 101). Declarations of permanent disability will be
reviewable for aggravation, improvement or error in the diagnosis and,
depending on the result of these reviews, the right to the payment of pensions
will be granted, maintained or terminated, and their amount will be adjusted if
applicable, without the need for the interested party to submit an application.

For the purposes indicated in the first paragraph of Article 64 of the law, the
disabled person must be summoned every two years by the Mutualidad or the
respective Compin, as appropriate, for a review of his disability. In the event
that you fail to attend the summons, notified by registered letter, the
administering agency may suspend payment of the pension until you attend for
such purpose.

The decision declaring the disability may, for justified reasons, exempt such
worker from the aforementioned examination during the first 8 years.

In the intermediate periods of the controls and examinations established in


Title VI of the law, the interested party may request a one-time review of
his/her disability. After the first 8 years, the administering agency may require
medical checkups of pensioners every 5 years, in the case of disabilities that
by their nature are likely to undergo changes, either by improvement or
aggravation.

Likewise, the interested party may, once in each 5-year period, request to be
examined. The Compin or the Mutualidad, as the case may be, must summon
the interested party by registered letter, clearly stating the reasons for the
review and, if the interested party does not attend, payment of the pension
may be suspended until he/she attends.

The Compin or the Mutualidad, as the case may be, must issue a resolution
containing the result of the disability review process, instructing the
administering agency to take the corresponding measures, as appropriate. This
resolution shall be in accordance with the provisions of letter f) of the
preceding article.

After the first 8 years counted from the date of granting the pension and in the
event that the invalid, at the date of the review of his disability, has not had
the possibility of updating his residual working capacity, the pension he
receives shall be maintained, if it has been reduced due to improvement or
error in the diagnosis, in accordance with the provisions of the final paragraph
of article 64 of the law. the pension he/she receives shall be maintained, if it
has been reduced due to improvement or error in the diagnosis, in accordance
with the provisions of the final paragraph of article 64 of the law.

Article 72º: (Art. 77 D.S. 101). The Medical Commission for Occupational
Accidents and Occupational Diseases Claims (Comere) is an autonomous
entity, and its relations with the Executive must be carried out through the
Ministry of Labor and Social Welfare.

Article 73º: (Art. 78 D.S. 101). The Comere will operate in the city of
Santiago, in the offices determined by the Ministry of Health, being able to
meet in other cities of the country when it so decides and there is merit to do
so.

Article 74º: (Art. 79 D.S. 101). The Comere will be competent to hear and
rule, in the first instance, on all decisions on questions of fact that refer to
medical matters, in cases of permanent disability resulting from work accidents
and occupational diseases.

It shall also be responsible for hearing the claims referred to in Article 42 of


the Law.

In the second instance, it shall hear appeals filed against the resolutions
referred to in the second paragraph of Article 33 of the same law.

Article 75º: (Art. 80 D.S. 101). Complaints and appeals must be filed in
writing with Comere or with the Labor Inspectorate. In the latter case, the
Labor Inspector will immediately send you the claim or appeal and other
background information.
The claim or appeal shall be deemed to have been filed on the date of issue of
the certified letter sent to the Medical Commission or Labor Inspection, and if it
has been delivered personally, on the date on which it is recorded as having
been received at the offices of the Medical Commission or Labor Inspection.

Article 76º: (Art. 81 D.S. 101). The term of 90 working days established by
law to file a claim or appeal shall be counted from the date of notification of
the decision or agreement against which the claim or appeal is filed. If the
notification has been made by registered letter, the term will be counted from
the third day of receipt at the post office.
Article 77º: (Art. 82 D.S. 101). For the appointment of the medical
representatives of the workers and of the employers before the Medical
Commission for Claims of Occupational Accidents and Occupational Diseases,
referred to in letters b) and c) of Article 78 of Law No. 16,744, the following
procedure shall be followed:

Each federation, confederation or central labor union and each employers'


federation or confederation may propose a list of up to three physicians,
indicating their specialty and domicile, to fill the position of workers' and
employers' representative, respectively, before the Commission. The persons
on the list should preferably be specialists in traumatology and occupational
health.

The list shall be submitted to the Superintendence of Social Security, within


the term indicated for such purpose by means of notices published in the
Official Gazette and in at least two newspapers of national circulation.

The Superintendency shall send to the Ministry of Labor and Social Security a
list with the names of all the physicians proposed, so that the President of the
Republic may make the corresponding appointments.

In the event that the aforementioned workers' and/or employers' organizations


do not make proposals, the President of the Republic shall freely and directly
designate the physicians representing such entities.

Article 78º: (Art. 83 D.S. 101). The lawyer member of the Comere shall be
freely appointed by the President of the Republic.

The President of the Republic, upon the proposal of the Minister of Health, shall
designate the two physicians who shall be members of the Comere, referred to
in letter a) of Article 78 of the Law, one of whom shall preside over it.

Article 79º: (Art. 84 D.S. 101). Comere members shall serve for a term of
four years and may be reelected. The appointment of replacements, in case of
impediment or supervening inability of any of its members, shall be made by
the President of the Republic for the necessary period, not exceeding that
which would have corresponded to serve the replaced member, considering, as
the case may be, the lists of physicians proposed in the last appointment
process, if any.

A member shall be considered to be unable to exercise his/her office when


he/she does not attend, without justification, three continuous sessions and in
any case, when he/she has had absences exceeding 50% of the sessions held
during 2 continuous calendar months. The certification of these circumstances
shall be made by the secretary of the Commission.
The positions of members of the Comere shall be incompatible with those of
members of the Preventive Medicine and Disability Commissions and of the
disability evaluation commissions of the Employers' Mutual Benefit Societies.
Likewise, they will be incompatible with the rendering of services to the Mutual
Insurance Companies, to the companies with delegated administration and to
the INP.

Article 80º: (Art. 85 D.S. 101). The Comere shall meet according to the
calendar defined periodically by its members, in consideration of the matters to
be resolved, and in any case, shall be convened by its Chairman whenever it
has urgent matters to deal with. It shall function with the majority of its
members, and if said majority does not meet, it shall function with those in
attendance.

When deciding on disabilities arising from occupational accidents, the Comere


shall summon to the sessions the respective administrative body and/or the
company with delegated administration, as appropriate, and in the case of
disabilities arising from occupational diseases, it shall summon all the
administrative bodies to which the worker has been affiliated.

Article 81º: (Art. 86 D.S. 101). The Comere shall submit to the
Undersecretary of Public Health a list of three candidates composed of three
officials of that Service, from among whose members the Undersecretary shall
appoint the Secretary, who shall perform his functions without the right to
further remuneration.

Article 82º: (Art. 87 D.S. 101). The members of Comere shall receive a
remuneration equivalent to a minimum income for each session attended,
which shall be paid on a monthly basis.

In no case may the monthly remuneration exceed four minimum monthly


incomes.

Article 83º: (Art. 88 D.S. 101). The Secretary of the Comere shall have the
character of minister of faith to notify the resolutions pronounced by the
Comere and to authorize all the actions that correspond to it, in accordance
with the law and the regulations.

The notifications that must be made shall be made personally or by registered


letter or, in exceptional cases determined by the Comere, it may request the
Labor Directorate to entrust one of its officials to carry out the procedure, who
shall proceed in accordance with the instructions given to him, leaving a
written record of his actions.

Article 84º: (Art. 89 D.S. 101). The expenses required for the operation of
the Comere will be charged to the Ministry of Health, through the
corresponding authorities, in accordance with the provisions of Article 14 C of
DL No. 2,763 of 1979, and will be charged to the funds they are entitled to
receive by application of the law.

Article 85º: (Art. 90 D.S. 101). The Superintendency will hear the Comere's
actions:

a) By virtue of the exercise of its supervisory powers, in accordance with the


provisions of the law and Law No. 16,395.
b) By means of the appeals filed against the resolutions issued by the Medical
Commission in the matters heard in the first instance, in accordance with
the provisions of Article 79.

The competence of the Superintendency shall be exclusive and without


further appeal.

Article 86º: (Art. 91 D.S. 101). The appeal, established in paragraph 2 of


article 77 of the law, must be filed directly with the Superintendency and in
writing. The period of 30 working days to appeal shall run from the date of
notification of the resolution issued by Comere. In the event that the
notification has been made by registered letter, the date of notification shall be
deemed to be the third day of receipt at the Post Office.

Article 87º: (Art. 92 D.S. 101). The Comere and the Superintendency, in the
exercise of their functions, may request from the different administrative
agencies, and from the persons and entities they deem pertinent, the
background information they deem necessary for a better resolution.

The examinations and transfers necessary to resolve the claims and appeals
filed before the Comere or the Superintendency will be the responsibility of the
administrative agency or of the respective company with delegated
administration.

Article 88º: (Art. 93 D.S. 101). For the purposes of the claim before the
Superintendency referred to in the third paragraph of article 77 of the law, the
administrative agencies must notify the affected party, either personally or by
registered letter, of all the resolutions they issue, attaching a copy thereof. In
the event that the notification has been made by registered letter, the date of
notification shall be deemed to be the third day of receipt at the Post Office.

Article 89º: (Art. 94 D.S. 101). The fines to be applied by the administrative
agencies in case of infringement of any of the provisions of the law or its
regulations shall be regulated, as to their amount, by the provisions of Article
80 of the law and shall be enforced in accordance with the rules set forth in the
laws governing them. Such fines must be reported to the Superintendency on
a quarterly basis.
G. OF THE OBLIGATION TO INFORM (DS. 40, TITLE VI)

Article 90º: Employers have the obligation to timely and adequately inform all
their workers about the risks involved in their work, the preventive measures
and the correct working methods. The risks are those inherent to the activity
of each company.

In particular, they must inform workers about the elements, products and
substances to be used in their work, about their identification (formula,
synonyms, appearance and odor), about the permissible exposure limits of
these products, about the health hazards and about the control and prevention
measures to be adopted to avoid such risks.

The existence of the following specific risks in the company is brought to our
attention.
RISKS OF CONSEQUENCES PREVENTIVE MEASURES

Use of footwear appropriate to the


Fractures production process, if possible, with rubber
or non-slip soles and low heels.

1.- Falls from the same level Avoid running in hallways and stairways.
Contusions
and from different levels

Keep traffic surfaces tidy, clear of materials,


Sprains well illuminated and with non-slip material.

Use mechanized lifting equipment provided


by your company.

Know and use the correct method of manual


lifting of materials.

Musculoskeletal
2.- Physical overexertion
disorders

Request an evaluation of your work station


with the method suggested in the technical
guide for handling or manipulation of loads
(Law 20.001 DS Nº 63/2005), to ensure
that you are not handling loads at risk
levels.

3.- Blows with or by Contusions Correct storage of materials.


Keeping the workplace tidy.
Keep the work surface clear.
In warehouses where materials are stored
Fractures at height, helmets and safety shoes must
be worn.
Wounds Equip desk drawers with safety stops.
4.- Entrapment by desk
When closing drawers of kardex or desks,
drawers or kardex.
Fractures they must be pushed by means of the
handles.

Frequent inspection of cables and electrical


Burns
appliances.

If an electrical machine or equipment


5.- Contacts with electrical
Tetanization malfunctions, unplug it and notify the
energy
maintenance person immediately.

Ventricular fibrillation Do not overload electrical installations.

All vehicle drivers must be in possession of


a valid driver's license (according to class).

Injuries of various
6.- Traffic accidents
types and severity
Must strictly comply with the traffic law and
participate in defensive driving courses.

Avoid exposure to the sun, especially


Erythema (sunburn on around midday.
the skin)
Perform work in the shade.
Use sunscreen appropriate to skin type.
Apply 30 minutes before sun exposure,
repeating several times during the working
Premature skin aging
day.
Drink water on a permanent basis.
7.- Ultraviolet radiation from
sun exposure Long sleeves, helmet or wide-brimmed hat
should be worn all around to protect the
skin, especially arms, face and neck.
Skin cancer Keep permanent attention to the ultraviolet
radiation indexes reported in the media, as
they serve as a guide to determine the
degree of exposure.
Wear sunglasses with UV-A and UV-B
Keratoconjunctivitis
filters.

Risks in work with machines

RISKS CONSEQUENCES PREVENTIVE MEASURES


Do not place resistant elements near
the cutting blade. Keep the work
table and/or cutting table clear. Use
1.- Particle projection Eye injury, facial injury of personal protection elements
according to the process (safety
goggles or face shield). Know the
safe work procedure.

Keep the work surface free of steep


slopes, clear, neat and clean.
Fractures, sprains, Transit aisles should be clear, orderly
2.- Falls from the same or a
bruises, contusions, and unobstructed. Use of footwear
different level
injuries appropriate to the production
process, if possible, with rubber or
non-slip soles and low heels.

Use mechanized equipment for lifting


loads, provided by your company.
Know and use the correct method of
manual lifting of materials (or
patients).
Request an evaluation of your
workstation with the method
Musculoskeletal
3.- Overstrain suggested in the technical guide for
disorders
handling or manipulation of loads
(Law 20.001 DS Nº 63/2005), to
ensure that you are not handling
loads at risk levels.

Frequent inspection of cables and


Burns
electrical appliances.

If an electrical machine or equipment


4.- Contacts with electrical malfunctions, unplug it and notify the
energy maintenance person immediately.
Tetanization, ventricular
Standardized electrical systems
fibrillation, burns, etc.
according to the Electrical Code. Do
not overload electrical installations.

Respiratory protection for the control


Injuries to the
and emission or handling of metal
Exposure to metallic fumes respiratory tract and
fume extraction. To have a forced
respiratory system
extraction system.
De-energize all equipment or
machinery near the fire hazard. Raise
Burns, injuries, the fire alarm. Use the nearest fire
6.- Fire
poisoning extinguishing equipment. Evacuate
when not under control according to
your company's emergency plan.

Multiple injuries,
Emergency stop protection system on
crushing,
the machine. Do not wear loose
7.- Entrapment dismemberment,
clothing, improperly worn protective
wounds, fractures,
gear, long hair, chains or bracelets.
fractures, etc.

Correct storage of materials. Keeping


the workplace tidy. Keep the work
surface clear. In warehouses where
materials are stored at height,
helmets and safety shoes must be
Contusions, multiple
8.- Hits by or against worn.
injuries, fractures

Use support and fastening elements,


such as tweezers or pliers. Use
personal protection elements, such as
9.- Thermal contact Injuries, burns
gloves and work clothes that prevent
direct contact. Have a marked place
to place the hot material.

Confine the emission source. Take a


programmed pause according to the
Hearing loss,
Exposure to noise sound pressure level. Wear hearing
professional deafness
protection at all times if noise
exceeds 85 Db during the workday.

Insulate sources of heat or cold. Air


conditioning of workplaces where
these temperatures occur. Wear work
clothes appropriate to the
temperature to which they are
11.- Exposure to extreme Dehydration, skin
exposed. Do not leave the place of
temperatures (high - low) disorders
exposure suddenly. To have water
(for heat) permanently available.
Generate a balanced diet in relation
to the temperatures to which the
worker will be exposed.
Examine the condition of the parts
before use and discard those with the
slightest defect.
Cuts and punctures Cuts, wounds, bruises Discard material observed with cracks
or fractures. Use personal protection
elements, mainly gloves and face
protection.
Risks due to chemical agents

RISKS CONSEQUENCES PREVENTIVE MEASURES


To have extraction and ventilation
systems if the concentration of the
product in the work environment
exceeds the permissible limits
according to the type of product.
Before handling know the safety
data sheet of the product and the
measures to be taken in case of
spillage or contact. Keep the chip
close to the workplace.
Use of neoprene, rubber or
acrylonitrile gloves with special long
cuffs depending on the substance
used in the process. Use of safety
1.- Contact with chemical Contact dermatitis,
goggles, face shield and filter masks
substances (substances in liquid burns, rashes, allergies,
if required by the product. Know
or solid state) etc.
your company's emergency plan or
procedure. Do not keep food in your
workplace.

RISKS CONSEQUENCES PREVENTIVE MEASURES


To have extraction and ventilation
systems if the concentration of the
product in the work environment
exceeds the permissible limits
according to the type of product.
Before handling, be familiar with the
safety data sheet of the product and
the measures to be taken in case of
frequent exposure to the product.
Heart disease, kidney Keep the chip close to the
Exposure to chemical products and lung damage, workplace. Use of neoprene, rubber
(gaseous substance or vapors). infertility, cancer, or acrylonitrile gloves with special
burns, allergies, etc. long cuffs depending on the
substance used in the process. Use
of face mask with filter and face
shield if necessary. Correct
handling of products according to
your company's procedure manuals.
Know your emergency plan. Do not
keep food in your workplace.
All instructions issued to achieve safe work procedures shall be considered
annexed to these regulations.

TITLE XX
OF TEMPORARY SERVICE COMPANIES

Article 91°: The prevention rules contained in these internal regulations


shall be compulsorily complied with by the personnel of contractor
companies. To this end, the contracts signed by ANWANTER Y NUSS LTDA
with the contractor must include an article regarding the obligation to abide
by the Occupational Health and Safety standards, full compliance with the
internal regulations and especially with the legislation in force in related
matters.

The employment contract for temporary services shall be in writing and shall
contain at least the information required by Article 10 of the Labor Code.

"The notarization of the contract of employment for temporary services must


be made within five days after the incorporation of the worker. When the
duration of the same is less than five days, the deed must be executed within
two days of the beginning of the services rendered.

A copy of the employment contract shall be sent to the user to whom the
worker will provide services."

TITLE XXI
OF PERSONAL PROTECTIVE EQUIPMENT

Article 92°: In accordance with article 68 of Law 16.744, the company shall
provide its workers, free of charge, with all equipment or implements
necessary for their personal protection, according to the characteristics of the
risk presented in each of the activities carried out in the company.

Article 93°: It is the sole responsibility of the worker to keep his or her
protective equipment in good condition and to maintain it in good hygiene and
maintenance conditions.

TITLE XXII
OF THE MAXIMUM WEIGHT OF HUMAN CARGO. LAW N° 20.001
Article 94°: The company ANWANTER Y NUSS LTDA, shall ensure that in
the organization of its loading activities, technical means such as the
automation of processes or the use of mechanical aids are used, in order to
reduce the physical demands of the work, among which the following may
be indicated:
a) Cranes, forklifts, cranes, forklift trucks, conveyor systems;
b) Trolleys, height-adjustable surfaces, trolleys equipped with lifting
platform, and
c) Others, which help to hold loads more firmly and reduce the physical
demands of the work.

The company shall provide adequate means for workers to receive


satisfactory training and instruction in the correct methods for handling
loads and for the performance of specific jobs. To this end, it will draw up a
program that includes at least:
a) Risks derived from manual handling or manipulation of loads and ways
to prevent them;
b) Information about the load to be handled manually;
c) Correct use of mechanical aids;
d) Correct use of personal protection equipment, if necessary, and
e) Safe techniques for manual handling or manipulation of loads.

Article 95°: The company shall try to organize the processes in order to
reduce as much as possible the risks derived from manual handling of cargo.

Article 96°: If manual handling is unavoidable and mechanical aids cannot be


used, it shall not be allowed to operate with loads over 50 kilograms.

Article 97°: Manual loading and unloading operations are prohibited for
pregnant women.

Article 98°: Minors under 18 years of age and women shall not be allowed to
carry, transport, load, drag or push manually, and without mechanical help,
loads over 20 kilograms.

TITLE XXIII
OF TOBACCO CONSUMPTION, LAW 20105

Article 99°: Smoking is prohibited in all company premises, as well as in all


enclosed areas.

In appropriate cases, the company shall provide places for smokers in open-air
areas, with properly marked containers for the deposit of cigarette butts and
garbage.
TITLE XXIV
OF UV RADIATION

Article 100°: Law No. 20096, "Establishes control mechanisms applicable to


ozone-depleting substances", in its Article No. 19 establishes: "Without
prejudice to the obligations established in Articles 184 of the Labor Code and
67 of Law No. 16,744, employers shall adopt the necessary measures to
effectively protect workers when they may be exposed to ultraviolet radiation.
For these purposes, employment contracts or internal company regulations, as
the case may be, must specify the use of the corresponding protective
elements, in accordance with the provisions of the Regulation on Basic Sanitary
and Environmental Conditions in Workplaces. The provisions of the preceding
paragraph shall be applicable to officers governed by laws Nos. 18.834 and
18.883, as applicable".

TITLE XXV
SANCTIONS

Article 101°: The regulations shall contemplate sanctions for workers who
do not respect them in any of their parts. Penalties shall consist of monetary
fines that shall be proportional to the seriousness of the infraction, but may
not exceed one fourth of the daily wage and shall be applied in accordance
with the provisions of Article 157 of the Labor Code.

The fines will be destined to increase the welfare funds that the company
has or of the social welfare services of the union organizations whose
members work in the company, pro rata to the membership and in the order
indicated. In the absence of such funds or entities, the proceeds of the fines
will pass to the National Training and Employment Service, and will be
delivered to it as soon as they have been applied.

TITLE XXVI
SECURITY CAMERAS AND AUDIOVISUAL CONTROL.

Article 102°: The company may implement the installation of security


cameras or other audiovisual control mechanisms, always taking care that such
control does not affect the dignity and the free exercise of the fundamental
rights of the workers.
Indeed, the installation of security cameras will respond to the requirement or
technical demands of the processes carried out within the company or for
reasons of security of persons or facilities, without in any case constituting a
form of control and surveillance of the activity of the company's personnel.

It should be noted that security cameras or other audiovisual control


mechanisms will not be directed directly at the work of a particular worker,
but, as far as possible, will be oriented in panoramic planes; Their location
shall not include places dedicated to workers' recreation, such as canteens and
rest rooms, as well as places where no work activity is performed, such as
bathrooms, lockers, dressing rooms, etc.
With respect to the recordings obtained, due custody and storage of these shall
be guaranteed, as well as full access to them by the workers who may appear
in them. In any case, the confidentiality of all information and private data of
any worker that may have been obtained through these audiovisual control
mechanisms is guaranteed, excluding from their knowledge any person other
than the employer or his advisors and the worker, except of course that the
recording is required by agencies with jurisdiction to do so or that these report
illicit acts, in which case they may be made available to the respective courts.
Security cameras may be located at entrances or exits of the facilities,
circulation corridors and places that pose risks to the safety of workers,
taking into consideration the company's line of business.

TITLE XXVII
OF THE GENERAL PROVISIONS

OBLIGATIONS FOR DRIVERS OF COMPANY VEHICLES

Article 103°: The following are special obligations for drivers of company
vehicles:
1. Make sure your driver's license is up to date. In addition, you should
make sure you have all the basic equipment for your vehicle, such as a
fire extinguisher, first aid kit, tools and necessary accessories.
2. The vehicle must be kept clean at all times.
3. As soon as circumstances permit, notify the direct supervisor or the
supervisor who is working at the time, of any accident or traffic incident
in which the employee is involved while driving a company vehicle,
regardless of the causes and degree of responsibility involved. It is also
established for these cases, the obligation of the employee to report
these events to the nearest Carabineros unit, subsequently providing the
company with the necessary background information to inform the
insurance company or companies.
4. It is also established that any worker involved as a driver in a traffic
accident shall temporarily cease his or her functions in order to comply
with the procedures indicated in the previous point.
5. Keep the documentation of the assigned machine in an orderly manner,
which must always remain in the vehicle, communicating and requesting
in due time the renewal of documents that are about to expire.
6. In the case of traffic infractions, whatever the reason for the infraction,
it shall be the sole and exclusive responsibility of the employee.
Therefore, the employee will be held responsible for each of the
infractions he/she commits and may be dismissed for cause attributable
to the employee, if he/she accumulates three serious traffic infractions.

LOSS CONTROL

Article 104°: The labor law states that the exercise of the powers granted to
the employer is limited by respect for the constitutional guarantees of the
workers, especially when they could affect their privacy, private life or honor.
From this, the law authorizes the employer to establish controls, whether on
working hours, safety, property owned by the employer and proper conduct
among its employees. They can have closed-circuit television cameras and
even search lockers, bags and purses to prevent theft or robbery. For this
reason, the company has installed security cameras in common areas, not in
dressing rooms, showers or bathrooms, so as not to affect the honor, dignity
or privacy of workers.
As for the search of bags and lockers, it can only be done when it involves a
whole group, since it cannot be done individually, even if there is evidence to
incriminate a single person.
The results should be kept in the strictest confidence and never be used as a
discriminatory factor. Nor can these measures be repressive in nature and all
of them must be clearly stated in the internal regulations prior to their
application, which must be done equally to all or by drawing lots among the
company's sections, according to the Labor Directorate. In this way, the
employer's powers are limited so that it does not fall into actions that the law
leaves exclusively to the supervisory authorities, health services and the
police.

Article 105°: These Regulations shall come into force once a copy has been
sent to the Ministry of Public Health and another to the Labor Directorate,
and once they have been brought to the attention of the company's
personnel through the trade union organizations to which they are affiliated
and the Personnel Delegate.

A printed copy of these Regulations shall be given to each worker, and


posters containing them shall also be placed in the offices and workshops or
workplaces.

The new provisions that may be deemed necessary to introduce in the future
in these Regulations shall be deemed to be incorporated to its text, after
publication for thirty consecutive days, in posters that contain them, in the
workplaces and with notice to the corresponding Labor Inspectorate.
Delivery record.
Health and Safety Regulations.
(Law 16,744 and Labor Code).

Full name :

R.U.T. :

Section :

Employee's :
signature

Delivery date :
Valdivia ___, from_________, 20__, 20__

Gentlemen
Labor Inspection.
Present

From our consideration:

We hereby enclose a copy of the company's Internal Rules of Order, Hygiene


and Safety ________________, in accordance with the provisions of Article
153 of the Labor Code.

Yours faithfully,
__________________________
Head of Personnel Area
Company_____________

Valdivia ___, from_________, 20__, 20__

Gentlemen
Seremi of Health
__________________
Present

We hereby enclose a copy of the Internal Rules of Order, Hygiene and Safety
of the company ________________, DOMICILIADA EN __________________,
in accordance with the provisions of Article No. 153 of the Labor Code.
Yours faithfully,

__________________________
Head of Personnel Area

Company_____________

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